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INSTITUTIONS OF 







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BEFORE THE 



NEWPORT HISTORICAL SOCIETY, 



JANUARY 19th., 187L 



PROVIDENCE : 

JOHN F. GREENE, STEAM BOOK AND JOB PRINTER. 

1871. 



LECTURE. 

Mr. President, and Gentlemen of the Newport Historical Society : 
The design of the present address, is to point out ivkere the In- 
stitutions of Rhode Island originated. And as everything will de- 
pend on the meaning given to the term Institutions, it will be prop- 
er at the very outset, to explain what I embrace under that term. 

By Institutions, I understand the entire form of government, in- 
cluding its laws and the way in which they are administered. So 
that I call the form of government of any State, its officers and laws, 
the Institutions of that Stale. 

Laws, and the way in which they are applied, are continually, es- 
pecially in modern nations, undergoing changes. But as these, in 
general, are only the development of what was at first established, or 
alterations which circumstances render necessary, we consider these 
changes as a part of the original form of government. Hence, when 
we allude to the origin of Institutions, we refer to the form that the 
government and laws first assumed. 

If it be said, that the Institutions of Rhode Island originated in 
Rhode Island, we answer that the remark is correct ; for the govern- 
ment of our State, in its distinguishing features, was copied from no 
nation, either of modern or of ancient times. The Institutions of 
Rhode [sland are indigenous to the place. 

But though this answer is correct, it does not meet the case. 

Rhode Island, though the smallest State in our Union, constituted 
originally, three distinct and independent settlements ; Providence on 
the North ; Portsmouth and Newport at the South ; and Warwick at 
the West. 

The question now comes, in which of these three places did the 
Institutions of Rhode Island originate ? As far as Warwick is con- 
cerned, it may, in the present discussicm, not be brought into view ; 
Warwick itself never having laid claim to have originated the gov- 



eminent of the State. Did tlie Institutions of Rhode Island originate 
at Providence or on the Island ? 

To answer this question, we must review the government set un 
in these two places, in their separate condition ; then inquire, which 
place devised the form of government, when they were united under 
the first Charter ? And finally notice what share each place had in 
shaping the second Charter, when the State assumed its permanent 
form. 

Nothing in the early history of Providence, is more noticeable 
than the dissensions of its inhabitants. 

This may be attributed to three causes. 

Firsts to the hasty, unprepared way in which the settlement was 
formed. When Roger Williams went to Providence, he had, accord- 
ing to his own account, no idea of founding a Colony; but his aim 
was to do good to the natives, with whom he had become acquaint- 
ed when he was at Plymouth, and in whose welfare he felt the live- 
liest interest. On this account, he did not wish to be troubled with 
any English Company ; nevertheless, out of pity, he allowed a few 
destitute or banished ones to accompany him. — Others soon followed; 
till, in a short time, a considerable settlement was formed. 

Individuals brought together thus, without any previous reflection 
as to the form of government to be adopted, or what rules should be 
observed, and where everything was left to momentary suggestion, 
must, in the clashing of interests, lead to confusion, and embittered 
feelings must be awakened. 

Another cause of these dissensions was the widely different char- 
acter of the company thus collected. Some were intelligent and 
orderly; but of others this could not be said. Whether the opinion 
was just or not. Providence was considered a lax, if not a lawless 
town. As a result, not a few, who could not endure the restraints 
of the law in the neighboring colonies, fled there as to a city of ref- 
uge. 

But the chief cause of the outbreaks at Providence, was the want 
of j)ractical tact in managing the affairs of that community. For 
awhile, the plans adopted in conducting its public business had a 
direct tendency to introduce or aggravate the disorders from which 
they suflered. 

As it is impossible for men to live together without some form of 
government, it is natural to enquire, what form of government was 



established at Providence? And we are obliged to reply, " Under 
any circumstances it was the least desirable form of government that 
could be devised, and especially so foe the community gathered 

IN THAT PLACE." 

As the great ends of government are to secure order and to pro- 
tect each one in his rights, it is found, in the best managed forms of 
society, to attain these objects, that there should be wise and well 
defined laws, faithfolly and impartially administered, and that men, 
uninterested and unprejudiced, should listen to and decide on evi- 
dence, under the solemnity of an oath. And even in the simplest 
form of government, the administration of justice should be placed in 
the hands of the wisest and most judicious ; those who would be 
under the least temptation to turn aside from the right. 

Was this done at Providence ? No !— It was a government with, 
out written law, human or divine ; — a government without a single 
magistrate. The government at Providence was nothing more nor 
less than a monthly town meeting ; a town meeting, too, where not 
even the Moderator or Clerk were permanent, but where these two 
officers had to be appointed at each meeting. 

Those acquainted with such assemblies, and have witnessed the 
boisterous and highly excited tumults, the prejudice, envy, jealousy 
and revenge there displayed, know that the last place to ascertain the 
truth, or to secure justice, is in a town meeting. 

And yet this was the only place in which justice was to be sought 
in Providence, for four years after it was settled. 

We have an example recorded by Winthrop how these meetings 
were carried on. It was the case of Verin, whose w"ife, not attending 
the religious meetings so frequently as Mr. Williams desired, she 
signified that her husband was unwilling she should attend so often. 

For this, a charge was laid ao;ainst him for restraining conscience. 
The case was brought before the town meeting. It was discussed ; 
and Verin was punished^by depriving him of his political rights. One 
shrinks back as l;e thinks that the domestic hearth should be thus 
rudely invaded, and the secrets of the family bandied about by the 
whole community. Even by their compact they had no right to call 
Verin to account ; for that compact was confined to civil things ; 
which, if language has any meaning, excludes all reference to religious 
matters ; but in vain you look for justice in such a meeting, and under 
such a govenunent as that. 



6 

Some plead ably for Verin, but their voice was drowned by those 
who had made np their mind that he must be condemned. To show 
the spirit of tlie meeting, some proposed, that if Verin did not allow 
his wife to have her liberty, the church should dispose of her to some 
one who would use her better. 

The form of government established at Providence, and the way 
in which it was carried on, was calculated to produce universal dis- 
trust. No one knew where the next blow would fall. None could 
tell how soon, or for what he might be called to account ; what in- 
justice might be done him ; or how soon his most private affairs may 
be exposed to the gaze and remarks of a town meeting. 

The fruits of that form of government soon appeared. Opposing 
parties were formed ; the peace of the settlement was broken up ; and 
it became evident that something must be done to heal the wounds 
that had been made. A new form of government was established ; 
but its inefficiency soon became painfully apparent. A variety of 
expedients was resorted to, but none of them calmed the angry 
passions that were spreading tar and wide, The government was 
unable to carry into effect its own decisions. Men became more and 
more exasperated. They were ready to proceed to acts of violence 
and bloodshed. Arnold says, that blood was spilt. "Any attempt," 
says Staples, "to enforce law was attended with danger even to the 
existence of the plantation itself." " Influenced," he continues, by 
the iear of utter destruction to the settlement, on the 17th of Nov., 
1G41, thirteen of those who resided in Pawtuxet, then a part of 
Providence, wrote a letter to the government of Massachusetts, 
praying them, " of gentle courtesy and for the preservation of hu- 
manity and mankind," to consider their condition, and to lend them " a 
neighborlike helping hand." At times, from intestine commotions. 
Providence was a boiling ocean ; and long, long was it before the 
contending waters subsided to a calm. Even as late as 1670, when a 
more efficient government had been adopted, so great were the dis- 
tractions, and so obstructed were legal arrangements, that the General 
Assembly had to send Mr. John Easton and Mr. Joshua Coggeshall, 
with two others as advisers, to adjust their difficulties, and bring about 
a state of legal order. 

Indeed, there were periods when, from these disorders, Roger 
Williams appeared to be reduced to utter despair. When he was 
President of the Colony, in an official communication to the author- 



ities of Massachusetts, he uses this remarkable language : " Honored 
Sirs — I cordially profess it before the Most High, that I believe it, if 
not only they" — (alluding to those at Pavvtuxet, who, in their dis- 
tractions, had placed themselves under the protection of Massachu- 
setts) — " I believe, if not only they, but ourselves, and all the whole 
country, by joint consent were subject to your government, it might 
be a rich mercy." 

There it is, graven on the records of Massachusetts, and on our own 
records, that the founder of Providence, after nineteen years expe- 
rience, thought it might be a rich mercy for Rhode Island, as an in- 
dependent colony, to be blotted out. 

What a state of thinors does this reveal ! 

Such was the effect of the first form of p;overnment in Providence 
— deciding every thing, without magistrates, in town meeting — that 
it formed or fostered a spirit of wrangling, if not of lawlessness, which 
distinguished the community till that generation had passed away. 
They quarreled among themselves ; they quarreled with the Island ; 
their leaders quarreled with each other. Their most prominent men, 
their Town Clerk, and their representatives to the General Assembly 
were accused of riotous or treasonable acts. Providence wrote 
letters to Warwick, Newport, and Portsmouth, defaming their lead- 
ing men, in no measured terms. At the request of Koger Williamst 
Sir Henry Vane, their true friend, wrote them a letter of earnes 
reproof, which Staples says, " they richly deserved." " How is it,^' 
he enquires, " that there are such divisions amongst you ? Such 
headiness, tunudts, disorders, and injustice ? The tioise echoes into 
the ears of all, as well friends as enemies, hy every return of ships 
from these parts. Are there no wise men among you ? When kind 
and simple remedies are applied, and are ineffectual, it speaks loud 
and broadly the high and dangerous distetnpers of such a body, as if 
the wounds -were incurable.'' 

Thus the condition of Providence, in its distractions, was not only 
known through New England, but was continually carried across the 
Atlantic, filling the friends of freedom and liberty with grief and 
dismay. 

Hence, whatever other lessons we may learn from the early his- 
tory of Providence, we must be convinced that there was a great lack 
of practical talent in managing its affairs. 

We have seen what kind of government was established at Provi- 



8 

dence ; let us now contemplate that which was founded on the 
Island. 

And here we shall discern, in almost every respect, a perfect con- 
trast to what we have been reviewing. 

Never, probably, was there a more excellent set of men assembled 
to laj the foundation of a State, than were the first settlers on the 
Island. The leaders, especially, were distinguished men. Some of 
these, Massachusetts, which abounded more than any other colony in 
America with excellent men, could ill spare. Among these, we may 
mention first, William Coddington, or, as he is generally called, 
Governor Coddington, as he was the first governor appointed on the 
Island, and was frequently elected to the same office. In Massachu- 
setts he was highly esteemed. When that colony was formed, he 
was one of its assistants, and was afterwards chosen its Treasurer. 
Being a warm partisan of Mrs. Hutchinson, and defending her at her 
trial, when she was condemned and sentenced to banishment, he, 
with several others, resolved to form a separate colony, where, with 
a regular and well ordered government, liberty of conscience should 
be enjoyed. To effect this great sacrifices must be made. He was a 
merchant, a man of wealth, was accustomed to move in the highest 
circles, and his mansion in Boston was the best in that town. By 
removing, his business would be damaged, and he would again have 
to seek a new home in the wilderness with all its discomforts. But 
he was equal to it. He was energetic, decided, and his convictions 
were dearer to him than any outward advantages. He must be free. 
Mr. John Coggeshall, a worthy representative in the new world of 
an honored ancestry in the old, was another of these leaders. He, 
too, was a man of wealth, was a deacon in the Boston church, and 
when Massachusetts formed a representative government, he was 
chosen to represent that town. Having taken sides with Mrs. 
Hutchinson, and justifying a most respectful petition which her friends 
presented to the court, he was dismissed, or rather turned out of his 
office, disfranchised, and afterwards banished. The community 
were filled with indignation, and would the next day have re-elected 
him, had not Cotton, then in the height of his popularity, in the 
most earnest manner, dissuaded them from their purpose. He was 
in as high estimation in the community which he aided to form, as in 
that from which he had been exiled ; an evidence of which is seen in 
his being chosen first President of the colony, on the adoption of the 



charter obtained by Roger Williams. He was not a man to be trifled 
with. He knew his rights, and would defend them. 

But of all these leaders, in some respects, Dr. John Clarke was the 
chief. He was the first to suggest the formation of the colony, he 
did more for it, and made greater sacrifices in its behalf than any 
other man. Seldom do we find a mind so enlarged, capable, and well 
balanced as his ; while his purity, candor and disinterestedness have 
been the admiration of all, who, with unprejudiced minds, have 
traced his career. Allen, in his Biographical Dictionary, says : " His 
life was so pure, that he was never accused of any vice which has 
left a blot on his memory." Arnold closes his descriptiou of his 
character thus : "His life was devoted to the good of others. He was 
a patriot, a scholar and a Christian. The pui'ity of his character is 
conspicuous in many trying scenes, and his blameless, self sacrificing 
life disarmed detraction and left him without an enemy." " To no 
one," says Callender, "is Rhode Island more indebted than to him. 
He was the original projecter of the settlement of the Island, and one 
of its ablest legislators. No character in New England is of purer 
fame than John Clarke." We might multiply such quotations, but 
these will suffice. 

When we state, that for twelve years he administered the affairs 
of the Colony in England with a skill that has never been surpassed, 
and that he had, daring this time, amidst the greatest difficulties, to 
oontend with the ablest men of Massachusetts, Plymouth and Con. 
necticut, who all wished, small as she is, to despoil Rhode Island of a 
part of her territory, but that he, instead of sustaining loss, enlarged 
her bounds ; that finally he obtained from the throne such a charter 
as monarch never gave before, and which has ever been the peculiar 
glory of our commonwealth ; when we further state, that the General 
Assembly, by no means addicted to man worship, again and again 
voted him their thanks ; and that when he first appeared among 
them after his return from England, they couid not i-epress their joy, 
but in the preamble of an act they were then passing, they said : 
" This Assembly, now by God's gracious Providence enjoying the 
helpful presence of our much honored and beloved Mr. John Clarke, " 
&c., we must be convinced that John Clarke was no ordinary man. 

He had studied the subject of freedom, civil and religious, most 
profoundly, and, after the lapse of more than two centuries, we know 
of no one that understands it better than did he. 
2 



10 

It would be out of place here to present an analysis of his 
views on this subject ; but we ma_v briefly remark, that he con- 
sidered civil government, magistrates, and law as a divine ap- 
pointment for properly regulating the temporal affairs of men, and 
for promoting the good order, peace and prosperity of society ; 
whilst the mind, conscience, and everything pertaining to religion 
is to be left to God and each individual ; nothing but instruction, 
argument, persuasion is to be employed to affect the mind. 

Such were the views of Clarke, and to a greater or less extent 
of all those associated with him. Instead of looking with jealousy 
or suspicion on government, magistrates, and law, they regarded 
them as among the chosen blessings that God had conferred upon 
them. They habitually felt that law was all that Hooker had said 
of it, when he declared : " Of Law there can be no less acknowl- 
edged, than that her seat is the bosom of God, her voice the harmony 
of the world', all things in heaven and earth do her homage, the very least 
as feeling her care, and the greatest as not exempted from herpoiver.-^ 

These sentiments were the animating spirit of all that was 
done on the Island ; and it was this that gave them such an im- 
mense advantage over their neighbors at Providence, There, to 
whatever course it may be attributed, was a great distrust of mag- 
istracy, and this was the cause of these difficulties from which 
they suffered so long. On the Island, freedom of conscience was 
as well understood at its first settlement, as at this day. 

With their views of the importance of a regular goverment, 
though few, very few, no one could have persuaded them to leave 
the sacred cause of justice, or the good order of society to an ir- 
responsible town meeting. They therefore, even before they came 
to the Island, formed themselves into a body politic. The docu- 
ment containing this agreement is simple, exceedingly so, but it 
evinces the reverential spirit with which this act was performed. 
It reads thus : " The 7 day of the first month, 1638. We whose 
names are underwritten, do hereby solemnly in the presence of 
Jehovah incorporate ourselves into a Body Politic and as he shall 
help, will submit our persons, lives, estates unto our Lord Jesus 
Christ, the King of Kings and Lord of Lords, and to all those 
perfect and most absolute laws of his, given us in his holy word 
of truth, to be guided and judged thereby." Then follows the 



11 

signature of nineteen individuals, William Coddington being 
placed first on the list. 

At the same time they chose Coddington to be their Judge, 
pledging themselves " to yield all due honor unto him according 
to the laws of God, and so far as in us lies to maintain the honor 
and privileges of his place." 

Coddington also pledged himself "to do justice and judgment 
impartially according to the laws of God, and to maintain the 
fundamental Rights and Privileges of this Body Politic." 

This was all that was necessary for such a set of men at first. 

Soon it was found that the Judge needed aid ; when three as- 
sistants were afforded him under the name of Elders. 

Such were the numbers that flocked to the Island, it was found 
necessary, at the end of two years, to give up the original form of 
government, and to appoint a Governor, Deputies, Justices of the 
peace, regular courts, and to provide an efficient military organization. 
Indeed, before their chart 3r, they had the forms, and assumed the 
name of a State. They ordered a State seal, with the devise — a sheaf 
of arrows — ^surrounded with a beautiful motto, "Amor vincet omnia," 
[love will conquer all things], indicative of the spirit that animated 
their body. 

In reading the Colonial Records of that day, we are impressed with 
the wisdom they exhibit. The exact wants of the settlement were, 
from time to time, distinctly seen, and remedies were admirably ap- 
plied. Justice was impartially administered, not with a severe hand, 
but in such a way as was calculated to suppress crime. The records 
themselves are excellently kept ; clearly, tersely, expressing their mean- 
ing, so that they could be hardly misunderstood. 

That their laws were not a dead letter, but impartially administered, 
we see in the case of Mr. Easton, then one of the assistants of the 
Judge, who was fined five shillings, for appearing in Court without his 
weapon. 

With such a government, administered in such a way, the natural 
result was the harmony and prosperity of the community. Probably, 
the sun shone, at that time, on no people more orderly, or more suc- 
cessful than on the first settlers on the Island. The testimony of 
Clarke, when he was agent of the Colony in England, is decisive on 
this point. Speaking of the Island in 1652, he says, " notwithstand- 



12 

ing the different understandings and consciences, amongst us, without 
interruption we agree to maintain civil justice and judgment ; neither 
are there such outrages committed amongst us, as in other parts of 
the country are frequently seen," 

Nor is it difficult to account for this. The character of the settle- 
ment on the Island, notwithstanding the evil reports that some circu- 
lated, soon hecame known ; and many in the other colonies, longing to 
enjoy freedom of conscience where good order was preserved, came 
here and made it their permanent home. 

Arnold expresses substantially the same, when he says, " The 
Aquidneck settlements for many years increased more rapidly than 
those on the main land. The accessions appear to have been, for the 
most part, from a superior class in point of education and social stand- 
ing, which for more than a century secured to them a controlling in- 
fluence in the colony." 

Not that they escaped all the perils incident to the founding of States; 
but these very dangers illustrated more fully their character. Their 
love of order and reverence tor law, (a marked feature of their descend- 
ants at the present day,) was strikingly manifested when Coddington 
had obtained his charter, constituting him Governor for life. Though 
a large majority, and among these the most prominent men, were 
strongly opposed to it, they submitted to his government, seeking re- 
diess only by legal means. 

But earlier than this, not more than a year after their settlement, an 
event occurred at Portsmouth, that, in a less orderly and judicious 
community, would have broken up the enterprise, and thus would 
have rendered abortive the whole design. But so wisely was it man- 
aged that it left no unseemly scar on the body, and was even made 
subservient to the enlargement of the colony. 

The men who settled the Island, knew how to form States, and 
how to govern them ! 

We are now approaching one of the most interesting periods in the 
annals of Rhode Island ; a period when the hitherto independent set- 
tlements came together, under their charter, to form one body, and to 
be governed by th.e same laws. 

Very soon after the Island was settled, a committee was appointed 



13 

to write to Sir Henry Vane, desiring him to use his influence to obtain 
a charter. 

It is evident that those who first settled Newport and Portsmouth, 
did not intend to join themselves with any other community, but 
wished to be alone ; to form their own government, pass their own 
laws, and, unimpeded, monage their own affairs ; for they wished the 
charter to embrace only the Island. 

That they meant to be independent of all others, we have the direct 
testimony of Dr. Clarke; for when he went to Plymouth to ascertain 
if Aquidneck fell within their Patent, he said to the authorities of 
that place, that they " were resolved, through the help of Christ, to 
get clear of all, and be of ourselves" They had no more intention of 
incorporating themselves with Roger Williams and his settlement, 
than they had of incorporating themselves with Plymouth or Massachu- 
setts. There was no community, indeed, that fully harmonized with 
them. Their aim was to found a State where Liberty should be seen 
to be consistent with the reign of law. They had this, as expressed 
in their petition to Charles the second, " much on their hearts." Law 
was found in Massachusetts, but not liberty ; in Providence there 
was the warmest love of liberty, but, to a great extent, an absence of 
law. If they would then carry out their original design, they must 
"get clear of all, and be of themselves." 

No part of our history would be more interesting, could we obtain 
it, than the causes that led them to abandon this their great aim. Did 
they write to Sir Henry Vane, and did he, feeling an interest in those at 
Providence, suggest that they should unite with Roger Williams, and 
form one colony ? Or did Sir Henry tell them that a charter could 
not be obtained for an Island only fifteen or sixteen miles long, and 
three or four miles broad ? 

That they were thwarted in some way is clear ; for we find no. re- 
ference afterwards to a charter for about three years. But even in 
1642 they had not wholly given up the idea that they may remain a 
separate people ; for while they manifest much earnestness to obtain a 
patent, they confine it to " this Island and Islands, and the lands adja- 
cent," 

What increased the mystery is, that the Records of Providence 
make no allusion to a charter, though from various causes, they needed 



u 

it much more than did the Island, — Still more, we know that when the 
charter was brought over by Williams, Providence manifested the great- 
est gratitude and joy. But how was it on the Island ? — We know not 
that any joy was there felt — Who can account for this ? Were they 
disappointed ? — Was there anything in or not in the charter that sad- 
dened their hearts ? — We shall have, during this lecture, to refer to 
this subject again. 

The charter imposed a most arduous task upon the leaders in Provi- 
dence and on this Island. No form of government was laid down, but 
the settlements had power to rule themselves by such form of civil 
government as the majority may ordain ; and to form such civil laws 
and constitutions, and to inflict such punishments on transgressors, and 
to appoint such magistrates to administer the laws as the majority 
shall agree to ; only that the laws, and the punishment affixed to their 
violation, shall conform to the laws of England, so far as the nature 
and constitution of the place will admit. 

When we consider how different were the feelings of those 
in Providence, and those on the Island, respecting government, 
magistrates and law, we are not surprised that it took three years and 
a half before they could agree upon a form of government and a code 
of laws, by which they were all willing to be governed. But as the 
result of frequent negotiations, Providence, Warwick, Newport, and 
Portsmouth came together, at Portsmouth, to adopt the charter, and 
to form themselves into a body politic. 

Never was a more important assembly convened in Rhode Island 
than that. Never, in our State, was a more important work accom- 
plished than they then effected. They did not fully understand, in 
what they were doings how wide their influence would extend, or how 
long it would endure. Little did they think when they were laying 
the foundation of this first free State, that their influence would 
never die, but that it would, eventually, extend to every part of the 
habitable globe, and be felt wherever men were united politically 
with their fellow men. 

The assembly continued in session three days, during which time 
they passed several acts for the government of the colony ; but the 
most im.portant thing accomplished was the adoption of a code of 
laws, including a Bill of Rights, and an appendix upon " the Public 



15 

Administration of Justice according to the laws agreed upon and es- 
tablished throughout the whole colony." 

The preparation of this code must have been a work of great la- 
bor, as it is a condensation of the laws of England, esptcially adapted 
to the wants of the colony. 

Instead of describing this code myself, I shall quote from Arnold, 
both because he has a just appreciation of its value, and has most 
felicitously expressed his sentiments concerning it He observes, '"'we 
hazard little in saying, that the digest of 1647, for simplicity of dic- 
tion, for breadth of comprehension, and for vigor and originality and 
boldness of expression, as well as for the vast significance and the 
brilliant triumph of the principles it embodies, presents a model of 
legislation which has never been surpassed." " A feeling of humani- 
ty," he says, " pervades the whole. In this point it presents a strik- 
ing contrast to the vindictive spirit of cotemporary codes ; sometimes 
indeed erring, it may be, on the side of mercy, and ever displaying a 
marked respect for the rights of conscience." 

VV e cannot omit the closing sentences of these laws. They read 
thus : " These are the laws that concern all men, and these are the 
Penalties for the transgression thereof, which by common consent are 
Ratified and Established throughout this whole colony ; and other- 
witie than thu^ what is here forbidden, all men may walk as their con- 
sciences persuade them, every one in the name of his God. And let the 
Saints of the most high walk in this colony without molestation in the 
name of Jehovah, their God forever and ever.'' A worthy close to 
the labors of establishing a State. 

And this was the first legal aano ancement of liberty of conscience 
that was ever made. Before this, both at Newport and Providence 
liberty of conscience had been announced ; but while these declara- 
tions manifested the feelings of those who uttered them, as they were 
without a charter, all they said lacked legal value. 

The question now comes, who devised the form of government, and 
who framed the laws that were adopted when Rhode Island and Provi- 
dence became a legalized community ? Or, what is the same ques- 
iton, where did the institutions of Rhode Island originate ? 

And to this the answer is so clear, that it does not admit a doubt. 

Before the parties came together to consummate this important work, 



16 

a town meeting was held in Providence, at which Roger Williams pre- 
sided, to choose delegates Avho should represent that town. They 
chose ten, and gave them written icstructions as to what course they 
should pursue. Among these instructions we find the following: " We 
do ', oluntarily, and are freely willing, to receive and be governed by 
the laws of England, together with the way of administration of them, 
so far as the nature and constitution of this place will admit, desiring, 
so far as may be, to hold a con-espondency with the whole colony in 
that model that hath been lately shown us by our worthy friends of 
the Island, if the General Court shall complete and confirm the same, 
or any other model as the General Court shall agree upon according 
to our charter." 

Thus it appears that previous to their assembling to form them- 
selves under the charter into a legalized colony, a model of the form 
of government, and also of the laws which they wished to be adopted, 
were shown-by the settlers on the Island to the different towns ; and 
that the inhabitants of Providence were so far pleased with this 
model, as to instruct their delegates to vote accordingly. 

That the whole frame work of the government was included in the 
" model " shown to those at Providence, is evident ; for in that docu- 
ment, under the head of the " Administration of Justice according to 
the laws," the General officers of the government are designated, and 
their duties defined. The only thing left indefinite, and which was 
to be decided when the towns assembled to adopt the charter, was, 
how many should be chosen from each town, to form the General 
Court. 

When the delegates had assembled, and the meeting was properly 
organized, those from Providence made known to the Assembly the 
instructions they had received ; upon which the following order was 
passed : " It was ordered, upon the request of the town of Provi- 
dence, that their second instructions should be granted and establish- 
ed unto them, viz," and then follows the second instruction, that I 
have inserted above. 

Thus we find from the Records themselves, that the laws, and the 
way of administering them, and the whole frame work of the govern- 
ment, or, in other words, all the Institutions of Rhode Island under 



17 

the first charter, had their origin, not in Providence, but upon the 
Island. 

The colony of Rhode Island and Providence Plantations did not, how- 
ever, receive its permanent form till the adoption of the second char- 
ter in the year 1664, twenty-eight years after the settlement of Provi- 
dence, and seventeen years after the union of the Island with Provi- 
dence under the first charter. 

The reasons which led to an application for a new charter must be 
narrated. 

Besides the charter, obtained by Roger Williams, making no pro- 
vision for any specific form of government, that charter was, scarcely in 
a single feature, acceptable to the inhabitants of Newport and Ports- 
mouth. There were two things, especially, that must have made it 
very displeasing to them. One was, that in it not the slightest mention 
was made of freedom of conscience, a thing they prized beyond every- 
thing else, and which they had made so many sacrifices to secure ; the 
other was, that the very title of the charter was calculated to wound 
their self-respect. Instead of being recognized in the charter as a 
colony, they were almost entirely ignored in it. 

The Union of Newport and Portsmouth with Providence Avas to be 
called '' Providence Plantations." 

Now, to a people who had formed an independent colony, who had 
for years carried on successfully a regular form of government, who 
had called themselves a State, who were, as to numbers, four-fifths of 
the united body, when such a people consented to be united with oth- 
ers, to be merely reckoned as a part or appendage of Providence Plan- 
tations, while the current reports concerning Providence were such 
as then existed, must have been to men who prided themselves on their 
subjection to law and order, humiliating in a very high degree. 

In no sense were thev part of Providence Plantations. 

That there were on the Island different sentiments about accepting the 
first charter and uniting with Providence, there can be no doubt. Cod- 
dinglon, and probably others for he had great infiuence — for some 
time stood aloof. It is not certain that for some years after the union 
was formed, he attended any of its meetings ; for though he was cho- 
sen Assistant for Newport, when the charter was adopted at Ports- 
mouth, we know, also, that he was next year chosen President when 



18 

he was not present, and provision was made for supplying his place if 
he should refuse to accept the office to which he had been chosen. 
After committing acts that betrayed an agitated and alienated state of 
mind, he went to England and continued there till he separated the 
Islands of Rhode Island and Canonicut from their connection with 
Providence and obtained a commission constituting him a Governor 
over them for life. 

This has usually been attributed to the ambition of Coddington ; 
but we think this i,-^ an incorrect view. He had from the earliest set- 
tlement of the island been appointed to the highest office ; in the sec- 
ond year after the adoption of the charter he v^^as chosen President ; 
and we know of no reason why, if he had been present, he would not 
have been chosen the first President of the colony. It was not from 
ambition, but because he was unwilling to unite with Providence, at 
least under the first charter, that he pursued the course he did. 

Others, and Dr. Clarke was among them, however dissatisfied with 
the charter, concluded to make the best use of it they could. The 
fearful condition of England, a civil war raging between the King 
and Parliament, should they apply for it, would preclude all hope of 
attaining a new charter. Massachusetts, Connecticut, and Plymouth 
were earnestly desirous to obtain their territory ; and, under these cir- 
cumstances longer to be without a charter, would be, in effect, to give 
up thetr enterprise. They must unite, and though they could not 
form such a government as they wished, they must do all that under 
the circumstances could be done. They did it, and the colony was 
thus secured. 

When Coddington had succeeded in separating the Islands from 
Providence, and formed them into a distinct community under his 
control, all eyes were instantly turned toward Dr. Clarke, that he 
might go to the mother-country and lay their case before the existing 
government. All would confide in him. They knew how deep an 
interest he felt in their community, that he understood the wants of 
Khode Island better than any other man, and that he possessed ample 
ability to state and plead their cause. He accepted the mission ; 
went to England, and was successful in setting aside the government 
of Coddington, and reuniting the Island to Providence and Warwick 
under the original charter. But instead of returning when this was 



19 

accomplished, he saw such dangers besetting Rhode Island, that he 
resolved not to come back till the perils that surrounded her were 
removed. 

Meanwhile it was found that the charter obtained by Roger Wil- 
liams tailed to effect the object for which it was designed. Instead of 
uniting the colony, it seemed to produce the contrary effect. " Un- 
der its operation," says Arnold, " in every town and hamlet were 
spread the seeds of discontent and disunion, and nothing but the 
pressure from without, and the supreme law of self-preservation, kept 
the discordant settlements from utter destruction, and from being ab- 
sorbed by the adjoining governments." 

In such a state of things, though wise, patriotic men may for a while 
keep off the evil day, jet when law has lost its cohesive force, so- 
ciety must inevitably end in anarchy and all its attendant evils. 

Thoughtful men, while they knew not how to avoid such a catas- 
trophe, undoubtedly feared that thus would end the attempt to es- 
tablish liberty in Rhode Island. 

While these apprehensions were felt, an event occurred pregnant 
with the most important results. After being in exile more than 
eleven years, Charles the Second, amidst the most enthusiastic rejoic- 
ings of the English nation, was restored to the throne. This placed 
the colonies, especially Rhode Island, in the most perplexed condition. 
Her charter was obtained from a Parliament that was then in arms 
against the King. That same Parliament afterward took the King as 
prisoner, tried him, and finally put him to death. How would Charles 
look on a people who had received their charter from a Parliament that 
had thus treated his father and had driven himself into exile ? Was 
there not a sympathy between the Parliament and the colony it had 
brought into being ? And thus situated, what could Rhode Island 
do? 

Clarke, notwithstanding the difficulties that surrounded him, saw 
that the moment had come when the great object of his life, that for 
M'hich he had so long labored, and for which he had made so many 
sacrifices, viz., the establishment of a colony where liberty, especially 
religious liberty, under the protection of law might be fully en- 
joyed, must then be attained, or all that had been done would be in 
vain; and he resolved to exert himself to the utmost to secure that object* 



20 

But to insure success two things must be done. First, Rhode 
lsh\nd should assume an attitude likely to make a favorable impress- 
ion on the King and his advisers ; and then the throne must be ap- 
proached with such arguments as would, in all probability, b favor- 
ably received. 

Clarke's first solicitude was with Rhode Island itself, that it should 
meet the new state of things in a suitable way. He, therefore, in- 
stantly on the restoration of Charles, wrote to the President, Assist- 
ants and Commission(,rs of the colony what had taken place, and what 
course it would be well for them to pursue. Rhode Island was prob- 
ably prepared for the change that had taken place in England, and re- 
joiced in it, as the Commonwealth for some time had done nothing 
calculated to call forth the respect or awaken the gratitude of the 
colony. 

The President, Assistants and Commissioners instantly entered into 
the views of Clarke, and adopted the course he had suggested. They 
also appointed a special committee to open any letters that might be 
addressed to the colony, undoubtedly referring to those that Clarke 
may send, so that they may be prepared for any exigency, and imme- 
diately attend to any thing it would be well for them to do. 

These must have been of intense anxiety in Rhode Island. 

At first they thought of sending one or more to assist their agent in 
his responsible and arduous labors, but after mature reflection they 
concluded that their afl[airs were as safe as they could be in the hands 
of Dr. Clarke. 

Rhode Island having done all that the agent desired, his next work 
was to obtain such a charter as would embody his views of liberty and 
government. 

He addressed two petitions to Charles ; in the first of which he de- 
scribes very fully the circumstances und^r which they obtained the first 
charter ; and in the second he describes with equal fullness what kind 
of charter the people of Rhode Island wished to obtain. 

It was, of course, not with Charles himself, but with his Prime 
Minister, the Earl of Clarendon, that the negotiations concerning the 
charter were carried on. And though Clarendon was haughty, and a 
most determined foe to republicanism ; still he possessed traits that 
would lead him to regard Clarke with favor. He had a mind of the 



01 

widest grasp, and was an excellent logician, and was a quick discerner 
of chai;icter. And, as in his interviews with the Earl, Clarke stated, 
that the people of Rhode Island " had it much in their hearts (if they 
may be be permitted) to hold forth a lively experiment, that a flourish- 
ing civil state, may stand, yea. and best be maintained, with a full liberty 
in religious concernments, and that true piety will give the best and 
greatest security to true sovereignty, and will lay in the hearts of men 
the strongest ©bligations to true loyalty ;" and when, with an intellect 
clear as crystal, he unfolded the details of his plan, and illustrated his 
positions with reasoning that could not be gainsayed, it could not be but 
a most favorable impression concerning Clarke and his object should be 
made on such a mind as Clarendon's. Whilst he could not withhold 
his confidence and esteem from Clarke, he saw that the government he 
wished to secure was well compacted, and was the result of the most 
profound thought. Each interview seems to have been mare and more 
encouraging, till at last Clarendon gave Clarke to understand that he 
would advise his Royal Master to affix the Broad Seal of England to 
such a charter as he desired. 

AVho can describe the feelings of Clarke when he received from the 
hands of Charles that charter which it was the great aim of his life to 
obtain ? The colony was now safe ; and there was at least one spot on 
the face of the globe, where every man could sit under his own vine and 
fig tree, with none to make him afraid. 

The joy in the colony was equally great. At a very large meeting 
of the freemen of the colony at Newport, assembled to receive, in due 
form, the charter, the box in which it was brought, was opened, 
and it was read to all the people ; and then the charter, " with his 
Majesty's Royal Stamp and Broad Seal, with much becoming gravity 
was held up on high, and presented to the perfect view of the people." 

How many hearts must then have palpitated with joy, as they saw 
that perfect form of government they had so long desired, but which 
they feared they never should enjoy ! 

If ever a people were sincere in expressing their gratitude, it was 
Avhen they voted thanks to their " sovereign Lord, King Charles the 
Second ; to the most honorable Earl of Clarendon ; and to their faith- 
ful agent John Clarke." 

It is not for us to describe that charter. It constituted Rhode Island 



the morning star of liberty to the whole world, and gave her a name and 
an influence that will never die. It was the Avonder of the age when 
it was given, as it has been the admiration of each succeeding age. 
Under it, Rhode Island became efficient and went on increasing in 
prosperity ; and though for sufficient reasons it was laid aside in 1843, 
it still lives in the institutions and laws and feelings of the state ; for it 
can never die. Nor is it in its great principles alone that the charter 
is remarkable. Everything that could give offence was avoided. The 
title of the colony was changed. Instead of " Providence Plantations," 
the title of the first charter, the title given in the charter which Charles 
bestowed, was " The colony of Rhode Island and Providence Planta- 
tions," thus giving each part its appropriate name. 

When the charter obtained by Clarke was received, the colony then 
assumed its permanent form, and was embodied in institutions that 
continue to this day, its central principle being, freedom, especially 

RELIGIOUS FREEDOM, SECURED BY FUNDAMENTAL LAVV^. 

When we consider who obtained the charter, it is too clear to admit 
of argument, that the conceptions contained in it, in their amplitude, 
harmony and efficiency, had their origin on the Island. 

Having thus shown that the institutions of our State had their ori- 
gin on the Island, we cannot but regret how wide spread are the errors 
concerning the origin of these institutions. 

Were not the fact too plain to be denied, we should think it impossi- 
ble that misconceptions so extensively should prevail on this subject ; 
misconceptions entertained not merely by the people in general, but 
held also by the more intelligent. An instance of this kind occurred 
some years since. A very distinguished individual of this State, pub- 
lished a work in which he gave the credit of certain acts to one indi- 
vidual, while these acts were performed by another. He was written 
to by one Avho is probably better acquainted with the early history of 
Rhode Island than any other man, and the error, in a most respectful 
way, pointed out ; and as there was the best opportunity of correcting 
the mistake, it was hoped that it would be done. But he who com- 
mitted the error refused to rectify it. replying, ' I have taken it as it is 
generally believed, and have made no original investigations," and thus 
gave his great influence to perpetuate error, and to injure an individual 
by depriving him of the honor which was his due. But what we wish 



23 

to notice is, the reason assigned for not correcting the mistake — " I 
have taken it as it is generally believed.'''' He was undoubtedly correct 
in his statement, but it admits the truth to which I have referred — 
wide spread errors concerning the most important facts of our history. 

For example, how many believe that Roger Williams procured that 
charter which secured freedom of conscience to our State ! Not a few 
of our more distinguished citizens would think that we wished to de- 
tract from his just fame, Avere we to deny this. And yet Roger Wil- 
liams had nothing to do in procuring that charter. It was by the skill, 
energy, and perseverance of Clarke, that that priceless gift was ob- 
tained. 

But a still more serious error, because it was sanctioned by men of a 
superior class, is that of representing Roger Williams as the Lawgiver 
of Rhode Island. Never was a fiction more unfounded in fact than 
this. Such an assertion must be the result of inconsideraiion ; for we 
cannot believe that those who make it, mean to falsify history. 

Whatever were his excellencies — and he had many — few men were 
more destitute of the qualities of a lawgiver than he. A lawgiver 
must be calm, able to take comprehensive views of the relations and 
wants of society, and know how to reconcile apparently conflicting in- 
terests and claims. But did he possess such qualities as these ? 

We are willing to take Gammell's estimate of his character. After 
stating that his life was radiant with some of the noblest and most com- 
manding qualities of humanity he adds, " His fliults were such as gen- 
erally spring from an ardent and excitable temperament. He was 
sometimes hasty and rash in forming his opinions, and too unyielding 
and uncompromising in maintaining them," It was this excitable 
temperament, and his haste and rashness in forming his opinions, that 
disqualified him to be a lawgiver. 

But when did he become the lawgiver of Rhode Island? What 
code of laws did he ever form? 

So far from being a lawgiver, was he not the Moderator of a meet- 
ing at Providence, where the inhabitants said "We are willing to be 
governed by the laws of England, together with the way of adminis- 
tration of them, so far as the nature and constitution of this place will 
admit, desiring so far as may be, to hold a correspondency with the whole 
colony in that model that hath lately been shoNvn unto us by our 
worthy friends of the Island ?" 



It was the Island, and not Roger "Williams, that became the lawgiver 
of Rhode Island." 

We presume those who designate him as the lawgiver of Rhode 
Island do not refer to the form of government he established at Provi- 
dence, and which so disastrously failed. 

In fact, those who have described him as a lawgiver, have uninten- 
tionally, done him injury ; for they have thus drawn attention to one 
of the weakest traits of his character. Roger WilHams never appears 
to more disadvantage than when attempting to form governments, or 
to frame laws. His claims on our affectionate remembrance rest not at 
all on his being a lawgiver, or the founder of a government, but on 
other things that he did, as well as what he was. 

The principal reason why errors so extensively prevail as to the his- 
tory of Rhode Island, must be in a gieat measure attributed to the 
Island itself. While other sections of the State have commemorated 
every name, and every event that could contribute to their fame, we, 
with an ancestry such as but few can boast, and Avith a history, yet 
unwritten, such as no other people could record, have been unfaithful 
to ourselves, and to those who have gone before us, till our birth-right 
has well nigh passed from us, and others claim what is rightfully our 
due. 

But few places so limited in extent, and so sparse in population 
have produced more distinguished men than the Island. How many 
eminent ministers, members of the bar, physicians, merchants, artists, 
those who have defended their country on the ocean and on the land, 
have had their home here ! But how negligent have we been to record 
their names or their deeds. Already many luminaries are lost to our 
sky, and others, we fear, will soon vanish from our view. 

Especially one reproach rests on the Island. While the founder of 
Providence has had his life recorded by three able biographers, 
Knowles, Gammell and Elton, not a single memoir of Coddington, 
Coggeshall, or Clarke is to be found. Should this wrong to these men, 
to ourselves, and to posterity continue? Much is lost, but should not 
immediate efforts be made to gather up all that remains, and thus show 
that we appreciate their character and work, as well as the benefits they 
have conferred upon us ? 

We know of no production that would be richer in instruction, or 



25 

more valuable to this generation, or to those who shall come after us, 
than well prepared biographies of these men, particularly of him who 
obtained our charter, and of whom Arnold says '• whose character and 
whose talents appear more exalted, the more they are examined." Such 
biographies would not only be a just tribute to the men to whom we 
owe so much, but would lead us to prize more highly the liberty we 
enjoy, by showing at Avhat a cost it was attained. Nor is this all ; 
these men knew, perhaps beyond any other in their day, that liberty 
could be enjoyed only with a deep reverence for law ; and hence they 
were as much distinguished for their reverence of law, as for their love 
of liberty. 

Long as these sentim.ents shall animate us, our liberties are secure ; 
but let us lose our respect for law, liberty, offended, will depart from 
us. 

Would we then have our liberties perpetuated through all time, 
we must imbue those that shall follow us with the highest resrard 
for law ; and how can this be better accomplished, than by unfolding, 
in their biographies, the principles that animated these men ? 

Who will task himself to confer (m us and on the world, a gift 
so rich ? 

We love our Island ! It is one of the loveliest spots on earth ! 
We have a climate that all wish to enjoy ; waters in which all wish 
to lave, and airs, that all wish to breathe. Here wealth resorts, 
iiere genius and learning come to recruit their exhausted powers, 
and prepare for future toils 

But we love our island most, because freedom, from the begin- 
ning, made this her chosen abode ; and because here sleep the men, 
who first knew how, in forming governments to unite liberty with 
law. 

Guard sacredly their dust, and let their names never die ! 
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